Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-30
lMFoR NATION
.~...FoR...
OWNERS AND LOcAToRs
....oF....
L M j.
APPLICATION Fon PATENT.

tleY DAC0ma n n-
the record, and can neither he witbdp part
returned, but must be to ths nor
eral Land Office. y the den
an application will be rejected whom ths
sufficient. :" offoneous or
Application for patent will be rejected h.
First The notice was published witbor,.A
knowledge OF the Register.
~Second-The notice was not publ,shas
claim. oarestthe
Third-Record title was found de,.osu.
and ~ ueiecuve,
Fourth--A previous application h.a
made ior the same premises, which was WIZ
drawn pending q suit in Court Commences !.
the adverse claimant. w
An application for patent will hs -a,ao..,
when the survey does not accurately desrs .a
boundaries OF the claim.
Where the claim was not located in scoo,a
ance with law. 0ofu'
Where several parties own separate and d,,.
tinct portions of q claim, spplication o..
patent may be made by either for tins nor,ioa
OF the claim owned by him but where so-s,.i
parties own undivided interests in . n,nins
claim all should join in an application for
patent.
A person or association may purohssa a.
many placer locations 81 the local law admits.
and embrace them all In one application for
patent.
Two or more lodes cannot be embraced a,
one application for q patent except for place,
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport.
ing to act as q deputy for the Register ana re-.
ceiver cannot be recorded ss evidences,
In all patents for mining claims situ.tad
within the interior boundaries of a town alta
q clause Is inserted excepting and excluding
all town property, rights upon the surfacs
and all houses, buildings, structures. lots
blocks. streets, alleys or other municipal i'm
provements not belonging to the grantee here.
in, and all rights necessary or proper TO thu
occupation, possession and enjoyment OF the
same"
Publication of notice must be made n onlv
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 90 days must elspse between the
first and last insertions.
Where the Register d esignates b daiIyissu
OF q newspaper for publication Of notices of a
mining application for patent II 10 not a com.
phance with law to change to the weekly edi.
ton of the same paper without authority Of
the Register.
The existence of q salt spring on a tract Of
land withdrsws It from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land il not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
Adverse cLArxs.
Adverse claimants must Ale q separate and
ulsIuCt CIhlm against 6hcl application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed.
cannot be Withdrawn, but becomes a part OF the
record.
When an adverse claim has been filed II can.
not be amended SO as to embrace a larger Der.
ton OF the premises than that described In tue
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local ONCE
during the period of publication OF the appli.
cation for the patent to be effective.
1t Ia the duty OF the adverse claimant o
commence suit in proper form within the re-
CURED time, and IL he trusts The uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corrupto or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions of law, without stating the
facts specially, will not be considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and In regard 10 expenditures, and shall hle .
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties TO q suit that they
CAAR1bc a. tcAAPea - ShibeAcbht ~ snes
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little. If any value, for agri
cultural purposes, but 10 essential to the
proper development Of mining claims. II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled vt any time
prior to issuance of patent, upon satisfactory
evidence of the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis.
covered upon q tract sitter the same has been
en- tered as agricultural, bat before ! Stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion OF the land embraced by saih
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may mako a mining location
dispose Of II. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing OF MS
claim must be afhrmatively shown.
LOCAtuTb II AnttILnoulhIb OWhCios
than applicants, will not be presumed aliens.
In the absence of allegation or objection prior
to issuance Of patent.
The portion of a mining claim sold TO Oh
alien cannot be patented while suoh owner -
an alien; but on his declaration o becomes
citizen his right dates back to his purchase
aud he may thereupon secure United sfas
patent for his claim.
CROSS D
Revised Statutes. Section 1896;
Where two or more lodges cross or interseos
each other, priority OF title shall govern, hna
such prior location shall be entitled to on ~
or mineral contsined within the space OF in..n,
section. but the subsequent location shsiins,.
the right Of way through the space OF met
section for the purpose OF the conyeniens
working Of the mine. And where two OF Itn"a,I
veins unite the oldest or prior location n -.
take the vein below the point OF union' ~
Guiding all the space of intersection.
TUNNELS.
There is no authority of law for q tunhc,
location 5000 by / 500 feet. A proper iocs'oA
is the width of the tunnel for 3,0OO feet.
There is no provision OF law for pstehn nm
tunnel locations, but lodes discovered III run.
Ems q tunnel may be patented In ike mann''
aa other lodas.